Home Detention Orders
A home detention order is an alternative to full time imprisonment. If an offender receives a home detention order, the offender is confined to an approved residence for specified periods throughout the duration of the sentence. To ensure the offender remains at the approved residence the offender is subject to electronic monitoring.
Here are some limits on home detention orders. They cannot be for a period longer than 18 months and an offender cannot be subject to two or more home detention orders either concurrently or cumulatively.
Additionally, before home detention can be ordered the offender must undergo an assessment to determine their suitability for such an order. The court must also find that such an order is appropriate in the circumstances of the offender.
There are a number of offences where home detention is not an option for sentencing. These offences include murder or manslaughter, sexual offences, armed robbery, serious assault offences, stalking, domestic violence offences where the offender would likely reside, continue or resume relationship with the victim and some drug offences. Home detention orders are also not available where the offender has a history of certain offences.
The court must be satisfied that no penalty other than imprisonment is an appropriate penalty for the offence committed.
Where an offender has breached their home detention order, the Parole Authority may undertake an inquiry. The Parole Authority have the power to revoke a home detention order (the courts do not).